How the US Could Ban Abortion: A Deep Dive into Potential Federal Actions
For decades, the anti-abortion movement in the United States worked toward one major goal: the overturning of Roe v. Wade, the Supreme Court decision that established a federal right to abortion. In 2022, it finally succeeded, and states across the country began banning abortion immediately. Today about half the states either ban or severely restrict abortion.
But now the anti-abortion movement is regrouping around a new goal: using the federal government to ban abortion in the rest of the country. Whether the US bans it everywhere could be up to the next president.
Pathways to a National Abortion Ban
Congressional Action: A Less Likely Scenario
If Republicans take control of Congress in the 2024 election, it’s possible they could pass a national abortion ban law. However, experts don’t consider that the most likely way a national abortion ban could come about, for two reasons: polling shows it would be extremely unpopular, and it would require the elimination of the Senate filibuster.
Executive Power: The President's Role
Instead, experts point to a different branch of the federal government — the president’s office and all the federal agencies it oversees. In the federal agencies, opponents of abortion could fashion a de facto abortion ban by chipping away at abortion access in numerous ways; for example, limiting access to medication abortion, which now constitutes nearly two-thirds of all abortions in the US.
The biggest way that the president’s office could limit abortion is by deciding to enforce something called the Comstock Act: a 150-year-old abortion ban made obsolete by Roe v. Wade but possibly revived by its repeal.
Judicial Appointments: Shaping the Future of Abortion Rights
The final way the next president could determine the future of abortion rights is through federal court appointments. The anti-abortion movement’s “next Roe v. Wade” is the national legal recognition of fetal personhood, an idea that would by definition outlaw all abortion. The current Supreme Court isn’t yet right-wing enough to endorse this idea. But after another Trump term, that could change.
Summary of Potential Mechanisms for a National Abortion Ban
| Mechanism | Description | Likelihood / Impact |
|---|---|---|
| Congressional Legislation | Passing a national abortion ban law. | Less likely due to unpopularity and Senate filibuster. |
| Federal Agency Actions | Chipping away at abortion access (e.g., limiting medication abortion). | Significant impact, could create de facto ban. |
| Enforcement of Comstock Act | Reviving a 150-year-old abortion ban. | Potentially major impact, could effectively ban abortion. |
| Federal Court Appointments | Appointing judges who support fetal personhood. | Long-term impact, could lead to outlawing all abortion. |
Watch the video above for the details of how this all could happen.